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Pennsylvania Supreme Court throws out states congressional map, ruling that gerrymandering violates (Original Post) demmiblue Jan 2018 OP
New Maps for PA Hawaii Hiker Jan 2018 #1
will this head to supreme court too? bluestarone Jan 2018 #2
that was my first thought... getagrip_already Jan 2018 #4
It shouldnt, because the ruling is based on the State Constitution, not the U.S. Constitution. ashtonelijah Jan 2018 #5
I'm thinking the same thing, just like NC bucolic_frolic Jan 2018 #6
I don;t think it can Hawaii Hiker Jan 2018 #8
Most likely. riversedge Jan 2018 #9
Or a Scalialike intervention which thwarted the ruling of the Florida oasis Jan 2018 #11
There was a parallel case in federal court, but DeminPennswoods Jan 2018 #14
If federal elections are affected, federal judiciary has jurisdiction. Hortensis Jan 2018 #25
The legislative act creating the districts was declared unconstitutional, DeminPennswoods Jan 2018 #28
And now we have Republicans saying it's for federal Hortensis Jan 2018 #31
Several of the state supreme court justices wanted to wait DeminPennswoods Jan 2018 #32
Thanks. "decided solely on" I hope this is definitive. Hortensis Jan 2018 #33
Great!!! 💯 Stellar Jan 2018 #3
So maybe no more Pluto district turbinetree Jan 2018 #7
Great news grantcart Jan 2018 #10
Great news........... MyOwnPeace Jan 2018 #12
Yes, this is a very big deal DeminPennswoods Jan 2018 #13
Not enough information melm00se Jan 2018 #15
The case before the federal court was brought by Dems DeminPennswoods Jan 2018 #18
Excellent Johnny2X2X Jan 2018 #16
Gerrymandering Effectively Nullifies One Person One Vote dlk Jan 2018 #17
Excellent. L. Coyote Jan 2018 #19
Update, Redistricting Act of 2011 found unconstitutional DeminPennswoods Jan 2018 #20
In Pa. here orangecrush Jan 2018 #21
Kudos to the Public Interest Law Center for their hard work on this!! diva77 Jan 2018 #22
Their website has an excellent summary of the issues. Thx for the link! Demit Jan 2018 #27
Court invites all parties in the lawsuit to submit revised maps also DeminPennswoods Jan 2018 #29
YEAH! Two wins! Eagles and Gerrymandering! BigmanPigman Jan 2018 #23
Opposite happened in Texas... jimmil Jan 2018 #24
Woohoo nycbos Jan 2018 #26
What a way to start the year FakeNoose Jan 2018 #30
Update, PA Rs ask court to stay its own order DeminPennswoods Jan 2018 #34
get rid of this fucker bluestarone Jan 2018 #35

ashtonelijah

(340 posts)
5. It shouldnt, because the ruling is based on the State Constitution, not the U.S. Constitution.
Mon Jan 22, 2018, 03:01 PM
Jan 2018

And I don’t see an argument that can be made that the state Constitution is in violation of the U.S. Constitution. The U.S. Supreme Court doesn’t have jurisdiction over the PA Constitution unless it conflicts with the U.S. Constitution.

bucolic_frolic

(43,182 posts)
6. I'm thinking the same thing, just like NC
Mon Jan 22, 2018, 03:01 PM
Jan 2018

Of course they were well along in the appeal process, it was a federal case or so it seemed.

oasis

(49,389 posts)
11. Or a Scalialike intervention which thwarted the ruling of the Florida
Mon Jan 22, 2018, 03:23 PM
Jan 2018

Supreme Court, greasing the skids for Bush to enter the White House.

DeminPennswoods

(15,286 posts)
14. There was a parallel case in federal court, but
Mon Jan 22, 2018, 03:34 PM
Jan 2018

the 3rd circuit found the maps partisan, but ok.

This is the PA Supreme Court ruling on the districts as applicable to the PA Commonwealth Constitution. The federal court doesn't have a say.

DeminPennswoods

(15,286 posts)
28. The legislative act creating the districts was declared unconstitutional,
Mon Jan 22, 2018, 06:22 PM
Jan 2018
not the districts themselves. However, because the Act itself was ruled unconstitutional, therefore the districts resulting from its implementation are unconstitutional and must be redrawn within state constitutional guidelines.

Hortensis

(58,785 posts)
31. And now we have Republicans saying it's for federal
Tue Jan 23, 2018, 02:32 PM
Jan 2018

courts to decide. They're reportedly hoping SCOTUS will take it up, so does that mean they haven't yet managed to pack Pennsylvania's third circuit with new hard-core conservative appointees? Or that they have great hopes for the cases already before SCOTUS?

DeminPennswoods

(15,286 posts)
32. Several of the state supreme court justices wanted to wait
Tue Jan 23, 2018, 03:04 PM
Jan 2018

for the US Supreme Court to rule in the cases it has before it, but not a one of the 7 justices defended the map. I think when Rs on the state supreme court aren't even bothering to give their own party an out, it's not likely another court will either.

Anyway, since the decision was based solely on the PA constitution, there's no federal case. The per curium order went out of its way to point out the case was decided soley on the state constitution.

This isn't the first time this 2010 census based map was thrown out by the state courts either. It was ordered redrawn, but since the Rs controlled all 3 branches of gov't and used the same commission to re-do the maps, basically nothing changed.

I really don't know what the state GOP would even argue before in the federal courts, that they were harmed by having to draw districts in accordance with the state constitution?

Hortensis

(58,785 posts)
33. Thanks. "decided solely on" I hope this is definitive.
Tue Jan 23, 2018, 03:15 PM
Jan 2018

I'm feeling nervous about all those cases SCOTUS is gathering and the big Wisconsin decision it's sitting on. A decision against us would mostly just uphold the current mess, but...

MyOwnPeace

(16,927 posts)
12. Great news...........
Mon Jan 22, 2018, 03:27 PM
Jan 2018

Another tool for us to use to move forward and REALLY make America great again (I know, but I couldn't resist........ )

DeminPennswoods

(15,286 posts)
13. Yes, this is a very big deal
Mon Jan 22, 2018, 03:28 PM
Jan 2018

Pgh Post-Gazette story: http://www.post-gazette.com/news/politics-state/2018/01/22/State-Supreme-Court-rules-Pennsylvania-congressional-map-gerrymandering/stories/201801220131

The Pennsylvania Supreme Court ruled Monday that the state’s congressional map “clearly, plainly and palpably” violates the state constitution and blocked its use from the May 2018 primaries.


The ruling sure sounds like the state Supreme Court was not pleased. The new maps have to be in place by the May 18th primary. The state legislature has to have new maps by Feb 9th (that's 18 days hence) that satisfies the court or the court will proceed to draw the map itself.

Predictably Scarnati and Corman are crying about the ruling.

melm00se

(4,993 posts)
15. Not enough information
Mon Jan 22, 2018, 03:35 PM
Jan 2018

as why.

Yes, I know it says gerrymandering but the recent NC court decision appears to have created a new form of illegal gerrymandering: partisan.

So the PA judge could have ruled for racial gerrymandering (which is settled case law) or partisan gerrymandering (which is an open issue).

As to whether the Supreme Court has jurisdiction: as it involves a federal election, I would have to say yes.

DeminPennswoods

(15,286 posts)
18. The case before the federal court was brought by Dems
Mon Jan 22, 2018, 03:56 PM
Jan 2018

The maps were found to be partisan, but ok. AFAIK the case has not been appealed. The state legislature has to draw maps in accordance with the state constitution, the state supreme court ruled they did not.
Before issuing this ruling, the state supreme court had remanded the case to the next lower court for fact-finding. The lower court judge did in fact find the districts were exceptionally partisan although he thought that was ok. However his opinion didn't count for anything because his job was to find facts on which the supreme court could decide the case. The state Rs fought tooth and nail from handing over the data they used to construct the maps, but lost. The statistical experts showed how randomly assigning precincts to form districts always gave a better balanced district that what resulted from the 2010 redistricting process.

This map was going one way or the other. There are two bills pending in the house and senate that would establish a new, non-partisan redistricting commission. The house version is co-sponsored by nearly half the state house and the senate version by more than a quarter of state senators. The only reason the house bill hasn't gotten a vote is because it's stuck in Darryl Metcalfe's committee and he won't allow it to be voted out.

Johnny2X2X

(19,066 posts)
16. Excellent
Mon Jan 22, 2018, 03:55 PM
Jan 2018

If we can un-gerrymander just a few states we can hold the House indefinitely.

People don't even realize that Republicans hold an extra 20 seats in Congress because of clearly illegally drawn districts.

DeminPennswoods

(15,286 posts)
20. Update, Redistricting Act of 2011 found unconstitutional
Mon Jan 22, 2018, 04:04 PM
Jan 2018

Reading the Court's order, they found the Congressional Redistricting Act of 2011 (passed by the GOP-controlled state legislature and signed by Tom Corbett) to be unconstitutional and struck it down. Therefore, any maps drawn in accordance with this Act are unconstitutional.

Oh, and Sally Mundy, who campaigned as some kind of moderate, union-supporting Republican and fooled enough voters to be elected to a full term on the supreme courts showed herself to be just another GOP hack with her dissenting statement on the ruling.

diva77

(7,643 posts)
22. Kudos to the Public Interest Law Center for their hard work on this!!
Mon Jan 22, 2018, 04:52 PM
Jan 2018
https://www.pubintlaw.org/

Definitely worthy of receiving donations -- this is the kind of work that needs to be done to combat voter suppression!!

DeminPennswoods

(15,286 posts)
29. Court invites all parties in the lawsuit to submit revised maps also
Mon Jan 22, 2018, 06:30 PM
Jan 2018
Should the General Assembly and the Governor be unable to submit a plan to the Court by February 15, 2018, the Court will “proceed expeditiously to adopt a plan based on the evidentiary record developed in the case.” In anticipation of that, the Court extended the opportunity to all the parties in the lawsuit to submit proposed remedial districting plans on or before February 15, 2018.

jimmil

(629 posts)
24. Opposite happened in Texas...
Mon Jan 22, 2018, 05:20 PM
Jan 2018

Texas Supreme Court drew new voting district lines careful not to create any new districts or make any district newly republican or newly democratic. Having none of that in Texas the legislature redrew new districts adding more republican districts and doing away with democratic districts all just seven years before state law required districts to be redrawn (after each 10 year census). Texas rednecks suck.

DeminPennswoods

(15,286 posts)
34. Update, PA Rs ask court to stay its own order
Wed Jan 24, 2018, 11:37 AM
Jan 2018

The Pennsylvania Republicans (Corman and Scarnati) have asked the state supreme court to stay its own order claiming voters would be confused by the new districts among other things. Reportedly this legal action is needed before the Rs can try to go federal court.

Corman is the state senate majority leader, Scarnati is the senate president pro tem. Scarnati's seat is pretty safe, but Corman represents Centre County (home to Penn State and State College). This is one of the fastest growing counties in the state and is becoming more consistently Democratic voting. With the right candidate and enough anger about the ridiculous gerrymandering, Corman could be beaten.

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